1.
Statement of Rights |
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A person on active duty with a military service of the United States,
if suspected of committing a criminal offense under the Uniform
Code of Military Justice, has the following rights:
a. THE RIGHT to be informed of the specific
offense(s) he or she is suspected of committing.
b. THE RIGHT to remain silent. Any statement
a person makes, oral, written, or non-verbal [nodding of the head]
may be used as evidence against that person in a trial by courts-martial
or in other judicial or administrative proceedings.
c. THE RIGHT to an appointed military attorney
free of charge.
d. THE RIGHT to obtain a civilian attorney of
the person's own choosing, at that person's expense.
e. THE RIGHT to consult with an attorney and
to have a lawyer present during any interrogation.
f. THE RIGHT to terminate an interrogation at
any time.
g. THE RIGHT against self-incrimination.
(1) A suspect has a legal and moral right to remain silent
and place the burden of overcoming the presumption of innocence
and proving his or her guilt beyond a reasonable doubt on the
investigators and attorneys for the government.
(2) A suspect should never make an oral, written or non-verbal
statement concerning suspected criminal conduct, even to close
friends or relatives without first consulting an attorney. Your
best friend can turn out to be your biggest problem at trial
and your family member can be compelled to testify against you.
Also, BEWARE of the fact that common law enforcement tactic
is to monitor and record phone or personal conversations between
a suspect and the alleged victim or other persons which may
play a role in the case.
(3)If a suspect is ordered to meet with a military investigator,
the suspect should obtain an attorney to either accompany him/her
or receive advice from an attorney prior to meeting with the
investigator. Military law holds that it is generally improper
for investigators or command representatives to question an
accused in the absence of an attorney once an attorney enters
the proceedings.
(4) Criminal investigators work to protect the interest of
the government and not the interest of the suspect. ONLY
a suspect's personal attorney can and will work to protect the
interests of the suspect. During an interrogation, some
investigators may use the "good-bad guy" technique
in which one acts rough and tough and the other sympathizes
and tries to "help" the suspect. The investigators
can legally lie to or deceive a suspect in an effort to get
a statement, so be careful! These people are highly trained
to elicit incriminatory statements from suspects. The safest
thing to do is to simply refuse to talk (or even listen to)
the investigators.
NEVER OR FOLLOW THE ADVICE OF INVESTIGATORS OR TALK
TO INVESTIGATORS WITHOUT FIRST OBTAINING THE ADVICE OF AN ATTORNEY.
2.
General Advice |
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A suspect can be ordered to give certain exemplars (handwriting,
hair samples, blood, etc). When possible, consult an attorney before
doing so or as soon as possible afterwards, especially if ordered
to do so over your objection. NEVER CONSENT
to the taking of evidence, except for your fingerprints and photograph.
Make the investigator get a search authorization from your command.
An investigator does not have authority to order a suspect
to produce evidence, except photographs and fingerprints.
If a suspect finds that an appointment has been made for him/her
with a military physician, drug/alcohol counselor, social worker,
or psychiatrist, the suspect should contact an attorney first because
conversations between suspects and anyone other than his/her attorney(s)
are not privilege or confidential under the law. Communications
between a suspect and his/her attorney or agent for the attorney
(paralegal) are privileged, unless the communication clearly contemplates
the future commission of an illegal act.
3.
Searches and Seizures |
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A suspect should NEVER CONSENT to a search
of his/her personal property without first consulting an attorney.
A suspect should make it perfectly clear to the authorities that
he/she does not consent, but if the authorities persist, a suspect
should never resist. Search authorizations (warrants) do not always
have to be in writing before the search. There are many theories
upon which a search may be legally justified and an attorney will
examine the facts of the search at a later time to determine if
the law supported it. If a suspect consents to the search, there
are no legal issues.
IMPORANT: A person who does consent to a search may withdraw that
consent at any time during a search. IF YOU CONSENT TO A
SEARCH, ANY EVIDENCE FOUND COULD BE USED AGAINST YOU! Force
the authorities to get a lawful search authorization.
4.
Apprehension, Arrest and Confinement |
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A suspect should never run away or physically resist
apprehension, arrest, or confinement, whether that person is innocent
or guilty. He/she should always go along peacefully with the authorities,
while asking that an attorney be made available before any questioning.
Any resistance or flight, even if innocent, can be considered as
evidence of guilt. Additionally, resisting apprehension can lead
to additional charges being added and/or pre-trial confinement.
5.
Procedure |
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The decision to prosecute is made after the chain of command has
decided there is probably cause that the suspect has committed an
offense that is serious enough to warrant a trial by courts-martial.
The procedure can take a long period of time and is as follows:
a. Charge sheet prepared;
b. Charges read (usually by immediate commander) to suspect;
c. Defense attorney, once assigned or retained, requests information
form the government necessary to prepare for the defense —
this is known as a DISCOVERY request and it usually takes the
Government several weeks to respond;
d. Witness interviews are conducted;
e. An Article 32 Investigation (like a preliminary hearing) takes
place for more serious cases;
f. Courts-martial;
g. If convicted of any offense, Post trial — submission
of clemency matters.
6.
Good Conduct Before Trial |
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Waiting for you trial date to arrive will be a very difficult time
for you. It is extremely important however that you maintain excellent
military bearing and avoid any additional problems prior to trial.
As difficult as it will be, you must maintain an excellent attitude
at all times.
IF YOU HAVE ANY QUESTIONS ABOUT YOUR RIGHTS, CONTACT OUR
LAW FIRM IMMEDIATELY. |
